2024 SCC Vol. 7 Part 5
Evidence Act, 1872 — S. 112 — Provision under, regarding birth during marriage, conclusive proof of legitimacy — Invocation: Direction issued for
DNA test
‘Victim abused the judicial process by filing a false FIR’: Madras HC acquits rape convict after noting that victim has a second child with him
“Madras High Court said that, in the instant case, the prosecution has not been able to establish that there indeed was a crime. In fact, there is an abuse of judicial process when the victim set a criminal law in motion, perhaps with a false FIR”
‘25% of net income of husband is just and proper as maintenance to wife’; Allahabad HC dismisses husband’s revision plea for alteration of maintenance
The proceeding u/s 125 CrPC. is summary in nature in which only prima facie it has to be seen that the applicant is the wife of opposite party. It is a social legislation enacted for protecting the wife, minor children, and parents of a person from vagrancy and destitution.
Delhi High Court | DNA Test vitiates the Legal Presumption of Paternity under Section 112 of Evidence Act
Section 112 of the Evidence Act underscores the principle that children born within the confines of a legally recognized marriage are deemed legitimate per se and it ensures that no unwarranted assumptions of impropriety or moral transgressions are made and instead places the burden of proof on those who contest the child’s legitimacy.
DNA tests cannot be resorted to for clearing suspicion regarding paternity: Kerala High Court
“In fact, DNA test is intended to rebut the `conclusive proof’ provided under Section 112 of the Evidence Act.”
Orissa HC upholds Brother’s conviction for impregnating minor sister
“A brother for a sister is a protector, confidant and a lifelong friend. They share a unique bond that nothing can replace. A sister is a treasure beyond measure for the brother whereas a brother is a hero in disguise and a role model for the sister”.
NCDRC imposes a penalty of INR 1.5 crores against a hospital responsible for tragic mix-up of a sperm sample used during Intra-CytoplasmicSperm injection
While deciding upon the complaint, the NCDRC also made important observations on ethical questions surrounding Assisted Reproductive Techniques and urged the Government to bring out necessary regulations for safe ART procedures.
DNA Paternity test cannot be allowed in routine manner, can only be permitted in exceptional circumstances; Rajasthan High Court reiterates
Rajasthan High Court observed that the DNA Paternity Test requires to be conducted only in exceptional cases, and therefore, the child cannot be used as a weapon to get divorce on ground of adultery, on the strength of outcome of a DNA Paternity Test.
Supreme Court February 2023| Full strength of 34 judges; AIBE; Decriminalisation of adultery; Compensation for bad haircut; DNA test in Divorce cases; and more
This roundup revisits the analyses of Supreme Court’s judgments/orders on validity of AIBE; ex-communication of Dawoodi Bohras; decriminalisation of adultery; permissibility of DNA test of children to prove allegations of adultery; and more. It also covers reports on the career trajectory & important decisions of Justice Surya Kant and Justice Dipankar Dutta and the newly appointed 7 judges of the Supreme Court; Explainers on important law points; and Cases Reported in SCC Weekly in the month of February.
“Child cannot be used as a pawn to prove allegation of adultery against wife”; SC lays down scope of using DNA profiling in divorce cases
The Supreme Court held that merely because either of the parties have disputed a factum of paternity, it does not mean that the Court should direct DNA test or such other test to resolve the controversy. Only in exceptional and deserving cases, where such a test becomes indispensable to resolve the controversy the Court can direct such test.
Madhya Pradesh High Court | ‘Violation of individual privacy’; Request for DNA test denied in property dispute
Madhya Pradesh High Court: G.S. Ahluwalia, J. dismissed a petition which was filed against the order passed by Twelfth Civil
Husband suspects paternity of child; Supreme Court allows DNA test while granting conditional compensation of 30 lakhs to wife if suspicion proves to be wrong
Supreme Court: In a case where the husband had disputed paternity of child on suspicion, though the Division Bench comprising of Indira
Court under maintenance proceedings under S. 125 of CrPC, can usurp jurisdiction of Civil Courts? Del HC decides
Delhi High Court: Chandra Dhari Singh, J., decided a maintenance case wherein the marital status of the parties was the crux of
[Rape] Kar HC | Guilt of the accused can be established only after examination of all the witnesses as desired by the prosecution; Matter remitted back to adduce necessary evidence
Karnataka High Court: A Division Bench of G I Narendar and M I Arun JJ. allowed the appeal and set aside the
Explained| Can, in a declaratory suit, plaintiff be subjected to DNA test against his will?
“Indian law leans towards legitimacy and frowns upon bastardy. The presumption in law of legitimacy of a child cannot be lightly repelled.”
Raj HC | Husband seeking DNA test of child born to his wife must establish no access to his wife during the period of 9 months, beyond reasonable doubt
Rajasthan High Court: Sanjeev Prakash Sharma, J. dismissed a petition filed by a man who assailed the lower court’s order rejecting an
Del HC | Mere assertions disputing paternity of child not sufficient to order DNA test, especially in light of S. 112 of Evidence Act
Delhi High Court: A Bench of G.S. Sistani and Jyoti Singh, JJ. dismissed an appeal filed against the order of the family court
Pak SC | A free lady cannot be compelled to give sample for DNA test as it would violate her liberty, dignity and privacy
Supreme Court of Pakistan: The Divison Bench of Mushir Alam and Qazi Faez Isa, JJ. allowed a petition seeking to set aside